If you’re looking to move past a criminal conviction in Arizona, it’s important to understand your legal options. Expungement and set aside are two distinct paths that can help reduce the impact of a criminal record—but they offer very different outcomes.
While expungement removes certain convictions entirely from your record, a set aside does not erase the conviction but shows the court has dismissed the penalties. Knowing the difference is essential to protecting your rights, future employment, and housing opportunities.
In this guide, we break down the differences between expungement and set aside in Arizona, eligibility requirements, and how each option affects your record.
What is Expungement in Arizona?
Expungement is the legal process of clearing certain criminal convictions from your record. In Arizona, expungement is limited but available in specific cases under Arizona Revised Statutes (ARS) 36-2862, primarily related to marijuana offenses. When granted, expungement removes the conviction from public record, allowing you to state that you have not been convicted of that offense.
Arizona voters approved expungement as part of the Smart and Safe Arizona Act (Proposition 207), legalizing recreational marijuana and creating an opportunity for those with qualifying past marijuana convictions to clear their records. If granted, expungement can improve employment prospects, housing options, and eligibility for certain licenses.
For a detailed, step-by-step guide on filing for expungement, visit our How to Expunge a Criminal Record in Arizona page.
Benefits of Expungement
- Removes qualifying convictions from public records
- Improves job, housing, and educational opportunities
- May help restore some civil rights, including firearm rights in certain cases
Limitations of Expungement
- Available only for specific offenses, mainly marijuana-related
- Not applicable to violent crimes or most felony convictions
- Records may remain accessible to law enforcement and courts
What Does Set Aside Mean in Arizona?
In Arizona, setting aside a conviction is a legal process that allows individuals to have a judgment of guilt dismissed after completing their sentence. Unlike expungement, a set aside does not remove the conviction from your record, but it updates the record to show that the court vacated the judgment and released the individual from all penalties and disabilities associated with the offense.
This relief is governed by ARS 13-905. A set aside is available for most misdemeanor and felony convictions in Arizona, with exceptions for certain serious offenses like sex crimes, crimes involving children, or offenses involving deadly weapons.
For anyone who has completed probation, paid fines, and fulfilled all sentencing terms, petitioning the court for a set aside can be a valuable step toward rebuilding your life. While the conviction remains visible, a set aside can reduce its negative impact on background checks and applications.
To learn more about the benefits of clearing your record, see our upcoming resource Top Reasons to Expunge or Set Aside Your Criminal Record (Coming Soon).
Benefits of a Set Aside
- Shows the conviction has been legally dismissed
- Improves chances of employment, housing, and professional licensing
- Indicates rehabilitation and completion of court requirements
Limitations of a Set Aside
- The conviction remains on the record and may still appear in background checks
- Does not restore firearm rights or reverse driver’s license suspensions
- Not available for certain offenses such as dangerous crimes against children or sex crimes
Expungement vs. Set Aside: Key Differences
Understanding the differences between expungement and a set aside is crucial when deciding which option best protects your future in Arizona. Both offer relief from the long-term consequences of a criminal conviction, but the processes and outcomes are very different.
While expungement completely removes qualifying convictions from public records, a set aside leaves the conviction visible but marks it as dismissed. Arizona’s expungement option is limited to certain marijuana offenses under ARS 36-2862, whereas a set aside is available for most convictions per ARS 13-905.
Expungement vs. Set Aside: Key Differences
Understanding the differences between expungement and a set aside is crucial when deciding which option best protects your future in Arizona. Both offer relief from the long-term consequences of a criminal conviction, but the processes and outcomes are very different.
While expungement completely removes qualifying convictions from public records, a set aside leaves the conviction visible but marks it as dismissed. Arizona’s expungement option is limited to certain marijuana offenses under ARS 36-2862, whereas a set aside is available for most convictions per ARS 13-905.
Comparison Table: Expungement vs. Set Aside
How to Clear Your Criminal Record in Arizona
Whether you qualify for expungement or a set aside, clearing your criminal record in Arizona involves specific legal steps. Working with an experienced criminal defense attorney is the best way to navigate the process and increase your chances of success.
Both procedures start with reviewing your eligibility based on your conviction, the sentence you completed, and any other court-imposed requirements.
Steps for Expungement (ARS 36-2862)
- Determine Eligibility – Review your conviction type. Arizona’s expungement is currently limited to certain marijuana offenses.
- File a Petition for Expungement – Submit the request in the county where the conviction occurred.
- Court Review or Hearing – Some cases require a hearing; others may be reviewed based on documentation.
- Court Decision – If approved, the court will order the record of the conviction to be expunged.
For a detailed walkthrough, visit How to Expunge a Criminal Record in Arizona.
Steps for a Set Aside (ARS 13-905)
- Complete Sentence Requirements – All probation, incarceration, fines, and other conditions must be satisfied.
- File a Petition to Set Aside the Conviction – Submit to the sentencing court.
- Court Evaluation – The judge reviews your conduct, compliance, and rehabilitation since the conviction.
- Order Granting Set Aside – If approved, the record reflects that the conviction was dismissed and set aside.
For help filing a set aside, speak with a criminal defense attorney who understands Arizona post-conviction relief options.
Why Legal Help is Critical
Both processes require knowledge of Arizona statutes and court procedures.
An attorney ensures:
- You meet eligibility requirements
- Your petition is properly prepared and filed
- You present supporting evidence, if required
- Deadlines are met to avoid delays or rejections
Why You Need an Expungement Attorney in Arizona
Navigating Arizona’s criminal record relief laws can be complex, especially with the differences between expungement and setting aside a conviction. Both processes involve legal filings, eligibility requirements, and potential hearings that may impact your success. Having an experienced Arizona criminal defense attorney on your side can protect your rights and improve your chances of clearing your record.
How an Attorney Can Help:
- Evaluate Your Eligibility: An attorney can review your case details and determine whether you qualify for expungement, a set aside, or another form of post-conviction relief.
- Handle Complex Legal Filings: Arizona law requires properly prepared petitions, supporting documentation, and legal arguments. Mistakes or missed deadlines can delay or derail your case.
- Advocate in Court Hearings: If your case requires a hearing, an attorney will represent you, present evidence, and argue for the best possible outcome.
- Protect Your Future: Legal guidance ensures you don’t miss relief opportunities that could impact employment, housing, licensing, or civil rights.
For individuals seeking to restore their rights, including firearm rights or professional licenses, working with a defense attorney knowledgeable in Arizona expungement and rights restoration laws is critical.
Common Questions About Expungement and Set Aside in Arizona
Navigating the differences between expungement and a set aside can be confusing. Below are some of the most common questions clients ask when considering these options in Arizona.
Consult a Skilled Arizona Criminal Defense Attorney
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.
